AMITY LEATHER CO. v. U.S.

Slip Op. 96-140. Court No. 95-01-00036.

939 F.Supp. 891 (1996)

AMITY LEATHER COMPANY and Luggage and Leather Goods Manufacturers of America, Inc., Plaintiffs, v. UNITED STATES, Defendant, Colony One Trading Corp., Consignee, Party in Interest.

United States Court of International Trade.

August 20, 1996.


Attorney(s) appearing for the Case

Sandler, Travis & Rosenberg, Miami, FL (Leonard L. Rosenberg, Paul G. Giguere), counsel for Plaintiffs.

Frank W. Hunger, Assistant Attorney General; Joseph I. Liebman, Attorney in Charge, International Trade Field Office; Barbara M. Epstein, Civil Division, Dept. of Justice, Commercial Litigation Branch; Karen P. Binder, Assistant Chief Counsel, International Trade Litigation, United States Customs Service, Of counsel, for Defendant.

Serko & Simon, New York City (Joel K. Simon, Daniel J. Gluck, Barbara Y. Wierbicki), counsel for Consignee, Party in Interest.

Siegel Mandell & Davidson, New York City (Brian S. Goldstein, Steven S. Weiser, Paul A. Horowitz), counsel for amici curiae Liz Claiborne Accessories, Inc., Louis Vuitton Hawaii, Inc., and Louis Vuitton N.A., Inc.

Rode & Qualey, New York City (William J. Maloney) counsel for amicus curiae Cartref, Ltd. d/b/a MCM.


OPINION

POGUE, Judge:

Plaintiffs, domestic parties in interest, have invoked this Court's jurisdiction under 28 U.S.C. § 1581(b), challenging a decision of the United States Customs Service1 which denied plaintiffs' petition filed pursuant to section 516 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1516 (1994). The action involves the proper classification of nonrigid plastic flat goods within subheading 4202...

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